Advatrack Beta Testing License Agreement

Advatrack

Advatrack Beta testing License Agreement

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1. License Grant.
Advatrack grants to you (either as an individual or entity) a nonexclusive license: (I) to use the software you are testing (the "Software") on any single personal computer system (whether a standard computer or a workstation component of a multi-user network); and (ii) copy the Software solely for the purpose of installing it on your computer (hard disk or other device), loading the Software into RAM or creating a backup or archival copy. You may not copy the related documentation and supporting materials ("Documentation") accompanying the Software. This Agreement is effective until the expiration of your beta trail period as designated by Absolute Protect or until the first commercial release of the commercial version of the Software, which ever occurs first. You agree to return the Software and Documentation to Advatrack upon termination of this Agreement. Paragraphs 4.2, 5, 6, and 8 shall survive termination of this Agreement.

2. Copyright.
The Software and Documentation are owned by Advatrack or its suppliers and title remains in Advatrack or its suppliers. The Software and Documentation are protected by copyright laws and international treaty provisions.

3. Other Restrictions.
You may not rent, lease or assign the Software. YOU MAY NOT MODIFY THE SOFTWARE IN WHOLE OR IN PART.

4.0 Feedback.

4.1 Reporting Obligations.
You agree to provide feedback to Advatrack in English language which describes your experience with the Software. You agree that you will notify Advatrack of any errors in the Software. You also agree to document any comments, problems, suggestions or questions that you have regarding the product and send sample output when applicable. You agree to review the related documentation and supporting materials supplied by Advatrack and provide comments where appropriate to indicate vagueness, typographical errors and incorrect material.

4.2 Supportive Information.
Any ideas, suggestions, modifications etc. made by you with respect to the Software or documentation ("Supportive Information") will be the property of Advatrack. You agree to assign all right, title and interest worldwide in the Supportive Information and the related intellectual property rights to Advatrack and to assist Advatrack, at Advatrack's expense, in perfecting and enforcing such rights. Notwithstanding the above, you may also use such Supportive Information for your internal use.

5.0 Confidentiality.

5.1 Confidential Information.
You acknowledge that the Software and Documentation incorporates trade secrets of Advatrack in that the Software and Documentation involves processes, techniques, algorithms and compilations of information that are secret, confidential and not generally known to the public and which are the product of Advatrack's own expenditure of time, effort, money and creative skills.

5.2 Limitations on Use.
(a) You agree that you will take all reasonable measures required to protect Advatrack's rights in the Software and Documentation.
(b) You agree that you will not use the Software and Documentation or circulate it within your own organization, except as necessary to carry out the internal use and evaluation work authorized under the terms of this Agreement. In particular, you agree to maintain the existence, features and capabilities of the Software and Documentation as secret and confidential until receipt of notice from Advatrack stating that you can disclose the existence, features and capabilities of the Software and Documentation to the public or until the Software and Documentation are introduced for license to the general public.

6. Warranty.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS A BETA VERSION STILL UNDERGOING TESTING AND DOES NOT REPRESENT FINAL PRODUCT FROM ABSOLUTE PROTECT. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU "AS IS" AND Advatrack DISCLAIMS ANY AND ALL LIABILITY TO YOU OF ANY KIND AND ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING PERFORMANCE, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION OR DISKETTES. YOU BEAR THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION.

7. Severability.
In the event of invalidity of any portion of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. The United Nations Conventions on Contracts for the International Sale of Goods is specifically disclaimed.

8. No Liability for Consequential Damages.
IN NO EVENT SHALL ABSOLUTE PROTECT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE AND DOCUMENTATION, EVEN IF Advatrack IS ADVISED ABOUT IT.

9. Entire Agreement.
You acknowledge and agree that you have read this Agreement, understood it and that it is the entire agreement between you and Advatrack which supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.

10. Governing Law.
This Agreement is governed by the laws of the Canada and of the Province Ontario as applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

TESTING: It is important to the success of the team and the product as a whole that we receive Beta Reports on the program. Please send your first report after program installation and second(last) report in 1 month after installation. If no reports are received you may be dropped from the beta team. You will still be bound to the confidentiality clause of the License Agreement but not the testing or reporting.

PROBLEM REPORTING: Bug Report forms will be made available to you via either email or website URL. You will be notified at the time that the beta period begins.

Use only email to send a report:
Please use a subject line similar to this: Subject: Beta Testing Report
If we do not hear from you, you will be considered inactive and you will be disqualified.

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